DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2016/7963)

CHEP NSW METROPOLITAN (LIDCOMBE, FLEMINGTON AND ROSEHILL) SERVICE CENTRES ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHEP Australia T/A CHEP. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2017. The nominal expiry date of the Agreement is 28 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

CHEP Australia T/A CHEP sought approval of the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2016. The application was made to the Fair Work Commission (FWC). The dispute centred around whether the agreement met the necessary legal standards for approval, particularly whether it was made in good faith and whether it contained the minimum terms and conditions required by law.

The legal issues before the FWC included determining if the agreement was genuinely negotiated between the parties, if it contained the minimum terms and conditions as required by the Fair Work Act 2009, and if it was made in good faith. The FWC had to examine the process of negotiation and the content of the agreement to ensure it complied with statutory requirements.

The FWC found that the agreement was indeed genuinely negotiated between the parties and contained the necessary minimum terms and conditions. The commission was satisfied that the agreement was made in good faith, considering the circumstances of its negotiation and the context in which it was made. Based on these findings, the FWC approved the enterprise agreement.

The FWC's final order was that the CHEP NSW Metropolitan (Lidcombe, Flemington and Rosehill) Service Centres Enterprise Agreement 2016 be approved as a registered agreement. This approval meant that the terms and conditions set out in the agreement would be binding on the parties involved, and it would have the force of an industrial award.

CHEP Australia T/A CHEP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established